Holiday Nightmares: Travelers Battle for Compensation as Reservations Turn Sour
A 100-year-old oak tree crashed down on the initial day of a vacation. Moments after James and his partner Andrew had finished breakfasting on the terrace, the massive tree destroyed their table and chairs and damaged their rental car's windscreen.
The vacation home in Provence, France was engulfed by branches that shattered the living room window and damaged the roof. "I was certain the ceiling would collapse," James remembers. "Had it fallen moments earlier, we could have been seriously injured or killed."
Had it come down minutes earlier we would have been critically hurt or killed
Urgent repairs took 24 hours after the host winched the tree off the property, but the traumatized couple worried the building might be structurally unsound and decided to book a hotel for the remainder of their week-long stay.
The booking platform remained unperturbed. "We understand this may have caused some inconvenience," wrote the first of many similar automated messages before concluding the unresolved case with a cheerful "Keep safe. Be well."
The host also showed little concern. "All that happened was you heard a loud noise and saw a tree resting on the terrace," she replied to the couple's refund request. "You decided to focus on the anxiety and trauma rather than cherishing a unique memory."
Summer Travel Problems Surface
Now that the summer season has concluded, numerous holiday horror stories are coming to light.
Unlucky travelers report being trapped inside or unable to enter their accommodation – when it existed – or left stranded at night in unfamiliar cities when it wasn't. Stories include dirty bedrooms, dangerous equipment and illegal sublets. One shared element unites these spoiled holidays: they were booked through digital reservation services that declined refunds.
The expansion of rental platforms has led to a increase in travelers organizing their own holidays. These platforms showcase global property portfolios on their platforms and promise to satisfy travel dreams on a limited funds.
Customer safeguards, though, have not kept pace with their widespread use.
Legal Loopholes
Package-deal customers have legal recourse for holiday disasters under consumer travel regulations, but those who reserve accommodation through online booking services find themselves reliant on their host's cooperation.
Some platforms promote additional protections, but your agreement is with the individual or company providing the accommodation.
James and Andrew had spent £931 for their week in the Provençal cottage and when they felt too unsafe to return, found themselves spending twice that for a hotel. They have yet to receive notification about whether they are liable for the broken rental car. Despite the platform's guarantee program to reimburse customers for serious problems, the company stated it was up to the host to agree a refund; the host claimed the decision was the platform's.
After two and a half months of similar automated messages in response to James's complaint, the platform declared the case had dragged on long enough and summarily closed it. The host concluded that since repairs had cost her €5,000 (£4,350), she would not be offering a refund either. She proposed that instead the couple celebrate their survival and "turn the event into a positive story."
The platform eventually issued a full refund along with a £500 voucher after inquiries were raised about its safety policies.
Locked In
Kim Pocock used a booking platform to reserve a flat for a two-night stay in Barcelona. She and her daughter were left trapped the property for the majority of their only full day in the city after a safety lock on the front door failed.
"The host sent a repair person, who was could not to help," she says. "They eventually sent a locksmith who attempted for multiple hours to access the lock from the outside. He had to buy a rope, which he threw up to our window and we hoisted up a wrench and pliers. With us prying the lock from the inside and the locksmith hammering it from the outside, we finally managed to remove it. It turned out unfastened bolts had jammed the mechanism. By then it was nearly 4pm."
We would have been at grave danger if there had been an crisis while we were trapped, yet the host faulted us for using the lock
Pocock requested a full refund to compensate her spoiled trip and the anxiety. The booking platform indicated this was at the discretion of the host. The host not only refused, but withheld her €250 deposit to pay for the new lock. The deposit was eventually returned by the platform but Pocock felt she was owed the €446 rental cost.
Another platform customer, Philip, was trapped outside the London flat he reserved for £70 when, upon attempting to check in, he found the key safe empty. The owners told him they were abroad and could not help and suggested him to locate alternative accommodation for the night. He spent an extra £123 on a hotel room and has spent the intervening four months attempting unsuccessfully to get this reimbursed.
"The platform has essentially said that as the owner isn't responding to them there's little they can do," he says. "I can't comprehend how a business can operate this way with no responsibility. The additional frustration is that the property in question is still being advertised on the platform."
The platform refunded both customers after involvement. The company verified the host who had left Philip out of his rental had not responded to its questions. When asked why unscrupulous accommodation providers were not removed, it said customers should review guest feedback to ensure a property was "suitable for them."
Rating Processes
Ratings do not always reveal the complete picture. A recent investigation highlighted that one platform's default system was showing reviews it considered "important." This means that it is easy for users to overlook a current flood of reviews warning that a listing is a fraud or not available.
The platform countered that customers could readily sort reviews by the most recent or lowest score so as to make their own choice on a property.
The same report claimed that listings that had been multiple times reported as scams were not removed. The platform responded that it depended on hosts to follow its terms and conditions and ensure that booking information was up to date.
Regulatory Uncertainty
The issue for travelers who do not get what they paid for is that their legal agreement is with the accommodation provider not the booking platform.
Major platforms commit to help find alternative accommodation in an emergency, but getting payment for a interrupted stay is a more difficult battle. Both typically rely on the owner to do what's fair.
The sector needs greater regulation, according to consumer advocates. "Since online platforms essentially self-regulate, the only course of action if the dispute continues is lawsuits," analysts say. "But who against? As the contract is between you and the host you'd have to take court proceedings in their country."
They continue: "One might claim that the online marketplace failed to investigate your complaint properly and try to sue them, but this is a legal uncertainty. Both companies are based overseas and have deep pockets."
Government authorities say new consumer protection legislation requires online platforms to "exercise professional diligence" in relation to consumer purchases promoted or made on their platforms.
A spokesperson states: "Government agencies are on the side of consumers and we have implemented tough new fines for breaches of consumer law to safeguard people's money."
They added: "Businesses selling services to domestic consumers must follow national law, and we have bolstered oversight authorities' powers to make sure they face severe penalties if they do not."